CHARLESTON - The passenger in a car that was allegedly run off the road because of a West Virginia Department of Transportation truck has filed a lawsuit against the agency.

Michael Maynard entered the lawsuit July 17 into Kanawha Circuit Court through attorney Michael Myers of Charleston law firm Myers and Perfater.

The Department of Transportation's Division of Highways is the defendant.

The lawsuit says Maynard was riding June 18, 2004, in Mingo County behind a Department of Transportation truck when "a rock fell off the tailgate of the DOT vehicle. The vehicle in which the plaintiff was traveling was struck by the rock, which caused the vehicle to go out of control and off the roadway."

Maynard says he incurred physical pain and suffering, medical expenses, physical and emotional trauma and lost wages as a result of the incident.

He claims the DOT was negligent in failing to secure the tailgate of the truck and the load it was hauling.

Maynard is seeking compensatory damages.

Judge Jennifer Bailey Walker has been assigned the case.

Kanawha Circuit Court case number 06-C-1393

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